Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Immigration detention casework – poor casework must be addressed – HM Inspectorate of Prisons

Posted December 12th, 2012 in case management, delay, deportation, detention, immigration, news, prisons, reports by sally

“Immigration casework needs to improve so that people aren’t detained for longer than necessary, said Nick Hardwick, Chief Inspector of Prisons, and John Vine, Chief Inspector of Borders and Immigration, publishing the report of a thematic review of immigration detention casework.”

Full story

HM Inspectorate of Prisons, 12th December 2012

Source: www.justice.gov.uk

Prisons and immigration inspectors demand action on delayed deportations – The Guardian

Posted December 12th, 2012 in deportation, detention, immigration, news, prisons, reports by sally

“More than 40 people facing deportation have been held for longer than two years in prisons and immigration removal centres at a cost to the taxpayer of nearly £40,000 each, official inspectors have revealed.”

Full story

The Guardian, 12th December 2012

Source: www.guardian.co.uk

Theresa May wins Abu Qatada court appeal bid – The Independent

Posted December 6th, 2012 in appeals, deportation, evidence, news, terrorism, torture by sally

“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”

Full story

The Independent, 5th December 2012

Source: www.independent.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Qatada associate will stay in UK, court signals – Daily Telegraph

Posted November 22nd, 2012 in asylum, deportation, news, Supreme Court, terrorism, torture by tracey

“An Islamic fanatic linked with Abu Qatada will stay in the UK even though the Supreme Court has ruled he should not be granted asylum.”

Full story

Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by tracey

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

Senior judge attacks meritless immigration challenges – Daily Telegraph

Posted November 15th, 2012 in appeals, deportation, immigration, judges, news by sally

“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”

Full story

Daily Telegraph, 14th November 2012

Source: www.telegraph.co.uk

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

Full story

UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

Report #7 Human Rights law – Carl Gardner on the Abu Qatada judgment – Charon QC

Posted November 14th, 2012 in appeals, deportation, human rights, news, rule of law, terrorism by sally

“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”

Podcast

Charon QC, 13th November 2012

Source: www.charonqcuklawtour.com

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Abu Qatada: what happens next? – Head of Legal

Posted November 13th, 2012 in appeals, deportation, immigration, news, terrorism, tribunals by sally

“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”

Full story

Head of Legal, 12th November 2012

Source: www.headoflegal.com

Abu Qatada wins appeal against deportation – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk

Abu Qatada awaits decision on deportation to Jordan – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk

Upper Tribunal confirms the legitimacy of the new immigration rules – but questions their completeness – UK Human Rights Blog

Posted November 8th, 2012 in deportation, human rights, immigration, news, tribunals by sally

“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”

Full story

UK Human Rights Blog, 8th November 2012

Source: www.ukhumanrightsblog.com

Regina (George) v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by tracey

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Mohan v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in children, deportation, human rights, immigration, law reports, public interest by tracey

Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291

“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

‘Unacceptable force’ used by G4S staff deporting pregnant woman – The Guardian

Posted October 23rd, 2012 in deportation, families, immigration, news, reports by sally

“A pregnant woman in a wheelchair was tipped up and had her feet held by staff from G4S, the firm behind the Olympics security shambles, as she was forcibly removed from the country. The disclosure comes in the first report into conditions at a new centre designed to hold families facing deportation from the UK.”

Full story

The Guardian, 23rd October 2012

Source: www.guardian.co.uk

Parts of evidence against Abu Qatada are ‘a bit thin’, says judge – The Guardian

Posted October 11th, 2012 in appeals, deportation, evidence, extradition, immigration, news, terrorism by sally

“Parts of the evidence against the terrorist suspect Abu Qatada are ‘a bit thin’, according to the judge considering his deportation to face trial in Jordan.”

Full story

The Guardian, 10th October 2012

Source: www.guardian.co.uk